609.378 Neglect or endangerment of a child.
Subdivision 1. Persons guilty of neglect or
endangerment. (a) Neglect. (1) A parent, legal
guardian, or caretaker who willfully deprives a child of
necessary food, clothing, shelter, health care, or supervision
appropriate to the child's age, when the parent, guardian, or
caretaker is reasonably able to make the necessary provisions
and the deprivation harms or is likely to substantially harm the
child's physical, mental, or emotional health is guilty of
neglect of a child and may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than
$3,000, or both. If the deprivation results in substantial harm
to the child's physical, mental, or emotional health, the person
may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both. If a
parent, guardian, or caretaker responsible for the child's care
in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the child,
this treatment or care is "health care," for purposes of this
clause.
(2) A parent, legal guardian, or caretaker who knowingly
permits the continuing physical or sexual abuse of a child is
guilty of neglect of a child and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.
(b) Endangerment. A parent, legal guardian, or
caretaker who endangers the child's person or health by:
(1) intentionally or recklessly causing or permitting a
child to be placed in a situation likely to substantially harm
the child's physical, mental, or emotional health or cause the
child's death; or
(2) knowingly causing or permitting the child to be present
where any person is selling, manufacturing, possessing immediate
precursors or chemical substances with intent to manufacture, or
possessing a controlled substance, as defined in section 152.01,
subdivision 4, in violation of section 152.021, 152.022,
152.023, 152.024, or 152.0262; is guilty of child endangerment
and may be sentenced to imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or both.
If the endangerment results in substantial harm to the
child's physical, mental, or emotional health, the person may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
This paragraph does not prevent a parent, legal guardian,
or caretaker from causing or permitting a child to engage in
activities that are appropriate to the child's age, stage of
development, and experience, or from selecting health care as
defined in subdivision 1, paragraph (a).
(c) Endangerment by firearm access. A person who
intentionally or recklessly causes a child under 14 years of age
to be placed in a situation likely to substantially harm the
child's physical health or cause the child's death as a result
of the child's access to a loaded firearm is guilty of child
endangerment and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
If the endangerment results in substantial harm to the
child's physical health, the person may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Subd. 2. Defenses. It is a defense to a prosecution
under subdivision 1, paragraph (a), clause (2), or paragraph
(b), that at the time of the neglect or endangerment there was a
reasonable apprehension in the mind of the defendant that acting
to stop or prevent the neglect or endangerment would result in
substantial bodily harm to the defendant or the child in
retaliation.
HIST: 1983 c 217 s 5; 1984 c 628 art 3 s 11; 1989 c 282 art 2
s 199; 1992 c 571 art 4 s 11; 1993 c 326 art 4 s 22; 2002 c 314
s 6; 2005 c 136 art 7 s 21

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